CHAPTER 50-7
PUBLICLY OWNED AIRPORTS
50-7-1 Municipalities includes organized townships and counties.
50-7-2 County commissioners and municipalities--Airports--Powers and jurisdiction--Airport boards.
50-7-2.1 50-7-2.1. Repealed by SL 2014, ch 222, § 44.
50-7-2.2 50-7-2.2 to 50-7-2.4. Repealed by SL 2019, ch 204, §§ 1 to 3.
50-7-3 Lease of airport to private operator--Liability for negligent maintenance of airport.
50-7-4 Acquisition of airport lands as public purpose--Procedure for condemnation--Exchange of lands.
50-7-5 Joint operation of airport by public bodies--Purchase of interest in airport--Creation of airport boards.
50-7-6 Acquisition of land for county airport.
50-7-7 Statement of intention to establish airport--Protest by voters--Submission to vote.
50-7-8 Authority of municipalities to acquire airport--Raising funds for airport--Authorization, issuance and sale of bonds.
50-7-9 Annual appropriations for airports--Taxation.
50-7-10 Airport sponsors--Powers--Federal grants--Agreements.
50-7-11 Airport contracts subject to contract laws.
50-7-12 Planning, construction, and maintenance of airport--Leasing and subleasing--Expenses.
50-7-13 Administration of existing airports--Creation of airport board.
50-7-14 Charges for use of airport--Approval of governing body.
50-7-14.1 Repealed.
50-7-15 Cooperative agreements--Airport improvements--Reimbursement.
50-7-16 Interest on amounts to be reimbursed.
50-7-17 Airport system expansion and improvement--Project applications--Prior approval--Federal funds--Requirements.
50-7-18 Indemnification agreements--Lands subject to mineral rights or oil and gas leases.
50-7-19 Indemnification agreements--Limitations.
50-7-1. Municipalities includes organized townships and counties.
For the purposes of this chapter, the term, municipalities, includes organized townships and organized counties, with any power and authority to be conferred upon organized townships and organized counties as is conferred upon municipalities.
Source: SDC 1939, § 2.0206 as enacted by SL 1949, ch 5; SL 1951, ch 2; SL 2014, ch 222, § 42; SL 2019, ch 203, § 18.
50-7-2. County commissioners and municipalities--Airports--Powers and jurisdiction--Airport boards.
The board of county commissioners of any county in this state may acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and regulate airports for the use of aircraft within the limits of the county, and may use for any such purpose any real property suitable therefor owned or controlled by the county. Each municipality has the same power and jurisdiction except that a municipality may exercise the power either within or without the corporate limits of the municipality. The governing boards of a county or a municipality may create an airport board by resolution.
Source: SDC 1939, § 2.0201; SL 1939, ch 1; SL 1941, ch 1; SL 1945, ch 3; SL 1945, ch 4; SL 1947, ch 2; SL 1961, ch 1; SL 1992, ch 60, § 2; SL 2014, ch 222, § 43; SL 2020, ch 203, § 7.
50-7-3. Lease of airport to private operator--Liability for negligent maintenance of airport.
Any governmental agency may lease an airport or any portion of an airport or any airport facility for operating purposes to any person or corporation upon terms and conditions for a term of not to exceed fifty years as the governing body may approve. No governmental agency nor the governing agency is liable for the negligent maintenance or operation of any airport building, or other facility leased to an operator or erected by an operator upon a leased site.
Source: SDC 1939, § 2.0201 as added by SL 1939, ch 1; SL 1941, ch 1; SL 1945, ch 3; SL 1945, ch 4; SL 1947, ch 2; SL 1961, ch 1; SL 1992, ch 60, § 2; SL 2014, ch 222, § 45; SL 2015, ch 238, § 1.
50-7-4. Acquisition of airport lands as public purpose--Procedure for condemnation--Exchange of lands.
Any lands acquired, owned, controlled, or occupied by a governmental agency for the purposes enumerated in § 50-7-3 shall and are hereby declared to be acquired, owned, controlled, and occupied for a public purpose and as a matter of public necessity. The governmental agency has the right to acquire public or private real property for such purposes by purchase from the owner if agreement on the terms can be made and if not by condemnation in the manner provided by law under which the governmental agency is authorized to acquire real property for public purposes. If there be no such law, in the manner provided generally for the condemnation of property for public use, the governmental agency has the right to exchange lands owned by the governmental agency for other lands of like character and value within the county or an abutting county whether privately owned or owned by the United States, the State of South Dakota, or any of its political subdivisions. The exchange shall be authorized by resolution of the governing body directing the execution of the necessary conveyance or conveyances. Any conveyance shall be signed by the presiding officer of the governing body and attested by the auditor or clerk.
Source: SDC 1939, § 2.0201; SL 1939, ch 1; SL 1941, ch 1; SL 1945, ch 3; SL 1945, ch 4; SL 1947, ch 2; SL 1964, ch 1; SL 1992, ch 60, § 2; SL 2014, ch 222, § 46.
50-7-5. Joint operation of airport by public bodies--Purchase of interest in airport--Creation of airport boards.
Any power granted by this chapter to counties and municipalities may be exercised jointly by the county and municipalities located in the county or abutting county. In the case of any existing airport owned by a municipality, the county in which the municipality is located, or an abutting county, may purchase from the municipality an interest in the airport. In the case of any airport operated by a county, a municipality in the county or abutting county may purchase from the county an interest in the airport and may appropriate money and do all other things necessary to share in the operation expense as if the airport was owned and operated solely by the county or municipality. In case of a jointly owned and operated airport the management of the airport shall be in accordance with regulations adopted by the governing boards of the county and municipality not inconsistent with other provisions of this chapter, and the governing boards of the county and municipality may by resolutions of their respective governing bodies create an airport board.
Source: SDC 1939, § 2.0201 as added by SL 1939, ch 1; SL 1941, ch 1; SL 1945, ch 3; SL 1945, ch 4; SL 1947, ch 2; SL 1959, ch 1; SL 1964, ch 1; SL 1985, ch 77, § 31; SL 1992, ch 60, § 2; SL 2014, ch 222, § 47.
50-7-6. Acquisition of land for county airport.
The board of county commissioners may appropriate money for the purpose of paying the purchase price or award for real property acquired or to be acquired for an airport or landing field, and to pay therefor, wholly or partly by such appropriation.
Source: SDC 1939, § 2.0202; SL 1970, ch 263, § 1; SL 1985, ch 77, § 32.
50-7-7. Statement of intention to establish airport--Protest by voters--Submission to vote.
If the question of establishing a county airport has not previously been approved by a majority vote of the voters at an election at which the question was submitted, then any county desiring to establish and construct an airport shall state in the next published report of the county's proceedings the county's intention to establish and construct the airport stating the maximum amount which might be required to do so. If within sixty days from the publication a protest signed by fifteen percent of the voters of the county voting at the last general election for Governor be filed with the county commissioners, then no action may be taken until the question has been submitted to a vote of the people and sixty percent of those voting shall vote in favor thereof. The question to be so submitted shall be, "Shall the county expend an amount not to exceed $________ to establish and construct an airport?"
Source: SDC 1939, § 2.0202; SL 1970, ch 263, § 2; SL 2014, ch 222, § 48; SL 2020, ch 203, § 8.
50-7-8. Authority of municipalities to acquire airport--Raising funds for airport--Authorization, issuance and sale of bonds.
The governing body of any municipality may appropriate money, levy a tax or issue the bonds of the municipality to pay the purchase price or award for real property acquired, or to be acquired, for an airport or landing field, and to pay for it, wholly or partly, by an appropriation, tax levy or the proceeds of the bond issue. All bonds shall be authorized, issued and sold as provided in chapter 6-8B.
Source: SDC 1939, § 2.0203; SL 1984, ch 43, § 125; SL 1992, ch 60, § 2.
50-7-9. Annual appropriations for airports--Taxation.
The governing body of a municipality to which this chapter is applicable having power to appropriate money therein may annually appropriate and cause to be raised by taxation in such municipality a sum sufficient to carry out the provisions of this chapter. A county shall appropriate from the county general fund for the purposes of this chapter.
Source: SDC 1939, § 2.0204; SL 1945, ch 5; SL 1985, ch 77, § 33; SL 1992, ch 60, § 2.
50-7-10. Airport sponsors--Powers--Federal grants--Agreements.
The airport sponsor may designate the department as the airport sponsor's agent to accept, receive, and receipt for federal grants in the body's behalf for airport purposes, and to contract for the planning, construction, and maintenance of aviation facilities. The airport sponsor may enter into an agreement with the department prescribing the terms and conditions of the agency under this section. The federal grants shall be paid to the airport sponsor under the terms and conditions imposed by the United States government in making the grant.
Source: SDC 1939, § 2.0204 as added by SL 1945, ch 5; SL 1997, ch 16, § 14; SL 2014, ch 222, § 49; SL 2018, ch 269, § 28; SL 2019, ch 203, § 21; SL 2020, ch 203, § 9.
50-7-11. Airport contracts subject to contract laws.
Any contract for the planning, construction, and maintenance of any aviation facility, made by the airport sponsor, or through the agency of the department, shall be made in accordance with the laws of this state governing the making of contracts.
Source: SDC 1939, § 2.0204 as added by SL 1945, ch 5; SL 2014, ch 222, § 50; SL 2018, ch 269, § 29; SL 2019, ch 203, § 22.
50-7-12. Planning, construction, and maintenance of airport--Leasing and subleasing--Expenses.
The airport sponsor that has established an airport and acquired, leased, or set apart real property for purposes of an airport may plan, construct, and maintain the airport, and may lease or sublet the property for airport purposes. The expenses of the planning, construction, and maintenance shall be charged to the appropriate airport sponsor.
Source: SDC 1939, § 2.0205; SL 1945, ch 6; SL 1992, ch 60, § 2; SL 2014, ch 222, § 51; SL 2019, ch 203, § 23.
50-7-13. Administration of existing airports--Creation of airport board.
The airport sponsor that has established an airport and acquired, leased, or set apart real property for purposes of an airport may vest jurisdiction for the planning, construction, maintenance, and operation of the airport, in any suitable officer, board, or body of the airport sponsor. The airport sponsor, if a county or municipality, may create by ordinance a board whose sole purpose shall be to improve, regulate, and supervise the operation and management of airport facilities.
Source: SDC 1939, § 2.0205; SL 1945, ch 6; SL 1992, ch 60, § 2; SL 2014, ch 222, § 52; SL 2019, ch 203, § 24.
50-7-14. Charges for use of airport--Approval of governing body.
The governmental agency may adopt regulations and establish charges for the use of such airport, or may authorize an officer, board, or body of the governmental agency having jurisdiction to adopt regulations and establish charges, subject, however, to the approval of the governing body before the regulations or charges take effect.
Source: SDC 1939, § 2.0205; SL 1945, ch 6; SL 1992, ch 60, § 2; SL 2014, ch 222, § 53.
50-7-15. Cooperative agreements--Airport improvements--Reimbursement.
The department, on behalf of the commission, may enter into cooperative agreements with the governing body of a governmental agency, whereby, the initial expenditures for making authorized airport improvements may be paid from any state aeronautics fund moneys that may be available to the commission and the governmental agency's share of the expenditure may be reimbursed to the commission over a period of three years. The reimbursements shall be paid into the state aeronautics fund and used for airport improvement purposes. Any governmental agency may enter into a cooperative financing agreement upon the adoption of a resolution authorizing the governing body to enter into the agreement.
Source: SL 1966, ch 4; SL 1992, ch 60, § 2; SL 1997, ch 16, § 15; SL 2014, ch 222, § 54; SL 2020, ch 203, § 10.
50-7-16. Interest on amounts to be reimbursed.
The commission shall charge a governmental agency simple interest at the Category A rate of interest established in § 54-3-16 on the amount of money subject to reimbursement under § 50-7-15 from the date of the expenditure to the date of payment.
Source: SL 1966, ch 4; SL 1992, ch 60, § 2; SL 1997, ch 16, § 16; SL 1997, ch 269, § 1; SL 2014, ch 222, § 55.
50-7-17. Airport system expansion and improvement--Project applications--Prior approval--Federal funds--Requirements.
No governmental agency in this state, whether acting alone or jointly with another governmental agency, may submit to the Federal Aviation Administration any project application under the provisions of any act of Congress which provides airport planning, construction, and development funds or other funds for the expansion and improvement of the airport system as the act shall pertain to the State of South Dakota, unless the project application has been first approved by the department. No governmental agency may directly receive or disburse any funds granted by the United States under the act, but the governmental agency shall designate the department as its agent to receive and disburse the funds. The governmental agency shall enter into an agreement with the department prescribing the terms and conditions of the agency in accordance with federal laws and regulations and applicable laws of this state. The moneys paid over by the United States government shall be retained by the state or paid over to the governmental agency under such terms and conditions as may be imposed by the United States government making the grant.
Source: SL 1947, ch 4; SDC Supp 1960, § 2.0207; SL 1971, ch 263; SL 1972, ch 252, §§ 1, 2; SL 1997, ch 16, § 17; SL 2014, ch 222, § 56; SL 2020, ch 203, § 11.
50-7-18. Indemnification agreements--Lands subject to mineral rights or oil and gas leases.
The department may in cases where federal funds are channeled through the department, pursuant to the provisions of § 50-7-17, enter into contracts and agreements binding on this state with the administrator of the Federal Aviation Administration to indemnify the United States for federal funds contributed to the State of South Dakota, or any governmental agency, used for the purchase of land as the site of a public airport or for the construction of airport improvements on the airport within this state where the title to the land is subject to mineral rights or oil and gas leases, the release or subordination of which is determined by the administrator of the Federal Aviation Administration not to be practicable.
Source: SL 1953, ch 5, § 1; SDC Supp 1960, § 2.0208; SL 1997, ch 16, § 18; SL 2014, ch 222, § 57; SL 2020, ch 203, § 12.
50-7-19. Indemnification agreements--Limitations.
The indemnifying agreements authorized in §§ 50-7-17 and 50-7-18 are limited:
(1) To agreements which obligate the department, acting for and on behalf of the State of South Dakota, to refund to the United States of America as represented by the administrator of the Federal Aviation Administration, a sum equal to the full amount of federal funds contributed for the purchase of land or construction of airport improvements thereon; or
(2) At the option of the administrator, to provide and construct at state expense and without further contributions by the federal government, an airport facility equivalent to that developed with the aid of federal funds and located as near as practicable to the site of the existing facilities on land with good title satisfactory to the administrator of the Federal Aviation Administration as prescribed by the provisions of section 9 of the Federal Airport Act (Public Law 377, 79th Congress, 2nd session as amended to January 1, 2014).
Source: SL 1953, ch 5, § 2; SDC Supp 1960, § 2.0209; SL 1997, ch 16, § 19; SL 2014, ch 222, § 58; SL 2020, ch 203, § 13.
